Enjoying the freedom, testing the freedom
Introduction
Mass media all over the world have an indivisible relationship with their respective societies.The main function of the media is to send information, ideas and opinions from a mass communicator to a complex audience.The information flow is necessary for unity and coherence in society to correlate various parts of the social system by gathering and disseminating valuable information. Therefore, journalists are respected and enjoy freedom of press to reveal the fact to the public.
It is believed that journalists should uphold the principles of truth, objectivity and fairness. They are supposed to educate, inform, entertain and mobilize for development. However, mass media have been infiltrated by some unqualified people as well as some unscrupulous individuals.Recently, several magazines were accused of publishing indecent materials which infringed the privacy of artists. Two radio presenters conducted a poll which involved indecent content. The crying need for a tougher law to control over the media has been made clear after the recent incidents. But will the tougher law be effective in controlling the mass media?
The aim of this report is to find out whether a tougher law is needed to control the mass media and how to strike a balance between privacy and freedom of press. First, a brief introduction of the media would be given in order to get a deeper understanding on the function of the media. Second, several controversial incidents about the press would be mentioned. Lastly, positive and negative impact of legislation on the press would be discussed and other alternative methods to control the media would be suggested to find out the best way to balance a free press and privacy rights.
Janice Li, Executive Manager of Hong Kong Press Council, was interviewed to find out the answer.
Mass Media
The mass media can be used for the advocacy of both business and social concerns, advertising, marketing, propaganda, public relations, and political communication. Besides, mass media also aims at education and entertainment through performances of acting, music and video.
According to the information given by the Hong Kong Press Council, the following are the beliefs of the journalists (media):
※freedom of speech is a basic human right,
※freedom of press must be guaranteed under the Basic Law.
※freedom of press should be upheld and public interest should be the basis of media’s work.
※the principals of truth, objectively and fairness should be respected.
Recent Incidents
Competition is inevitable between the channels of the media. Media have the right to determine their own content to boast sales. However, a few recent incidents in Hong Konghave stirred up public outrage.
◆Publication of semi nude photographs of pop star
A Hong kong magazine Easy Finder, published the pictures of a canton pop star,Gillian Chung changing costumes backstage during a concert in Malaysia in a cover story in August 2006. Despite thousands of complaints reflected by the public and discontent from the singer, Easy Finder sill continued to publish the second printings on 24 August 2006.
Response:
The publication led to at least 103 complaints to the territory’s official media watchdog, the Television and Entertainment Licensing Authority.
The Hong Kong Performing Artistes’ Guild condemned the magazine and said existing laws were outdated. The organization also urged the government to protect the interests of artists and the public.
There is no problem if the media use hidden cameras to find out the truth, or find criminals, but this time it was not news. It was not even entertainment news. Gillian did not do anything illegal. She was only changing her clothes in a room before a show. Photographing a celebrity changing her clothes would not be deemed in the public interest.
◆Poll on the most desirable celebrities
Two Commercial Radio presenters Sammy Leung and Kitty Yuen were censured for conducting an on air poll on the most desirable celebrities to indecently assault on June 3 2006.
Response:
The programme sparked sharp criticism from the city’s women groups and the media watchdog.
The Broadcasting Authority said the show grave listeners the wrong impression that indecent assault was trivial and could be made fun of. The indecent assault involved sexual violence and was a criminal offence.
Punishment:
The Broadcasting Authority slapped a HK $140,000 fine on the Commercial Radio for launching the online poll.The two hosts along with the programme were suspended for two months.
After the judgment was made by the authority, an apology was forwarded by the General Manager Rita Chan and she promised that measures would be taken to prevent similar incidents in the future. She said training would be provided to enhance professional standard and awareness of moral values. She added that two special committees would be set up in channel one and channel two to monitor programme content.
◆Uproar at photos of teenage singer
Pictures of a 14 year old female pop singer Renee Lee in a wet T shirt and striking sexy poses were published on the front and inside pages of EasyFinder magazine. The publication prompted 138 complaints to the Telecommunications and Enterainment Liscensing Authority. Easyfinder was accused of having violated the Prevention of Child Pornographic materials Regulations.
Response:
The Executive director of the End Child Sexual Abuse Foundation Ms Shirley Wong Wai Kwan urged the public to show their disgust by shunnung such publications. Unicef Hong Kong spokeswoman Fennie Chan said UN conventions stipulate a child should be protected against all forms of exploitation, and urged local media and parents to exercise greater care in protecting children.
Renee’s mother has claimed she was duped by the magazine about the content of the article and photographs it intended to publish.
The Television and Entertainment Licensing Authority received many complaints about the incidents. Legislative Council has urged the authorities to impose a stricter law to clamp down on indecent material. The positive and negative impact of tougher law will be evaluated.
Positiveimpact of tougher legislation on monitoring the media
The figures provided by the Television and Entertainment Licensing Authority showed a sharp increase in the numbers of seizures and inspections of indecent materials from 52,000 copies in 2000 to 424,000 copies in 2005. Thisis a proof that the current law is not effective to curb the increasing indecent materials in the market. Therefore, the government plans to categorize the following as criminal offense.
- Trespass on private premises to obtain personal information.
- The use of sense- enhancing or recording devices to obtain personal information of individuals in private premises.
The advantage of the tougher law is that, firstly, it would give a better protection ofcitizens’ privacy. Photos about the private life of artists in their home will no longer be seen in magazines. Also, it could ensure that journalists obtain information, photographs and illustrations through a correct mean. The useof a hidden camera to take candid photosof people will be unlawful.Furthermore, these laws will protect the victim’s right. The victims of indecent material would be able to sue the publication easily. For instance, Gillian can get redress even if the photographs are not taken in Hong Kong. With more restrictions on collecting information, the press will not abuse its privileges.
Negative impact of the tougher law
Critics worry that the law would undermine investigative journalism in Hong Kong.Legislator James To Kun-sun uses an example to illustrate his opposition to the law. Trespassing on private property to photograph a dead chicken should be allowed in light of recent bird flu fears.The power of exposing any unlawful activity will be reduced.
People’s right to obtain newsconcerning the public interest cannot be guaranteed.Poor access of information may hinder the development of Hong Kong. It will be unfair if only small proportion of people get the latest information.
Other method to monitor the press
As the stricter control on media will reduce the freedom of press, there are some methods other than legislation suggested by Janice Li, the interviewee,to strike a balance between press freedom and monitoring the industry:
- Media watchdogshould be given greater power to enhanceself-regulation in the industry.
Under the recent procedure for handling complaints, a respondent only need to publish an apology in its newspaper when the complaint is substantiated. This measurecannot act as a deterrent. The watchdog could blacklist the media who received large number of complaints. This would help people distinguish the good publications from the bad one.
- Public Education
“Where there is a demand, there is a supply.” It is ultimately up to the consumers to decide whether or not to purchase the publication.The government could educate the public about the negative impact of inaccurate and exaggerated reports. The use of coarse language and the tasteless contents of these magazines have corrupted Hong Kong's journalistic world and younger generations of readers. The public canshow their disgust by boycotting such publications.
Recommendation
Freedom of speech and press are the basic human right.The government should not impose a tougher law to control the media as it will greatly reduce people’s access to information. However, the media should realize that they do not have the right to intrude into people’s privacy to satisfy the prurient interests of readers. They should apply their own sense of ethics and morality. Therefore, to balance a free press and privacy rights, methods other than legislation, like education and giving more power to monitoring groups, are the best solution.
Advertisers and consumers have a responsibility.As Form 6 students,we should not buy magazines with indecent materials. Otherwise, such tasteless magazines will exist as long as there are readers. Also, we should report any indecent publication to the Television and Entertainment Licensing Authority to stop the irresponsible style of reporting. Besides, advertisers should refuse to place advertisements in these indecent publications. With such strict measures, it is hoped the media would abstain from indecent reporting.